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(영문) 창원지방법원 2016.12.09 2016고단3686
특수절도등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 18, 2015, the Defendant: (a) went into a restaurant operated by the victim D in Kimhae-si around the new wall on June 18, 2015; (b) went into a restaurant operated by Kimhae-si; (c) went into a restaurant and intrudes into a shop; and (d) took a theft with cash equivalent to KRW 150,000, the victim’s possession, which was located in the vehicle in the vehicle in which the carcter’s cash was stored; and (d) took a theft from around that time to October 23, 2016, the Defendant stolen property worth KRW 10,305,000, total market price by intrusioning another’s structure at night, as shown in the list of crimes, at night.

2. Special larceny;

A. On August 23, 2016, around 05:00 on August 23, 2016, the Defendant: (a) caused the victim G management H, which was located in Kimhae-si F; (b) and (c) caused a strong damage to a refung winding hole installed behind the building by hand; and (d) invaded into the gate, and then invaded into the gate, and stolen 85,000 won in cash owned by the victim.

B. On August 28, 2016, at around 05:00, the Defendant: (a) went to the end of the operation of the Victim J in Kimhae-si; (b) destroyed the windows of the said marina; (c) removed the rectification device of the windows by putting them in a fright, and opened the windows and intrudes into the fright; and (d) cut off the windows with 15 pieces of tobacco worth a total of 129,000 won and the market value of the frightter’s cash storage at the place.

Summary of Evidence

1. Defendant's legal statement;

1. Written Statement (K, L, M, N, G, D, J,O, P, Q, R);

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to each report on occurrence of a crime, investigation reports (related to the confirmation of a damaged article), attachment of field photographs, investigation reports (to hear the victim's Nphone statement) and investigation reports (to hear the victim's J phone statement);

1. A special larceny of each applicable legal provision concerning facts constituting an offense: A charge of larceny of a structure at night under Article 331 (1) of the Criminal Act: Article 330 of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Suspension of execution is Article 62(1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing).

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